No Sohn Means No Broadband Map, and No Broadband Map Means No BEAD Money

Republicans who think there is no downside to dragging Federal Communications Commission nominee Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society]’s confirmation out interminably to block Title II — especially those who voted in favor of the Infrastructure Investment and Jobs Act of 2021 (IIJA) and are looking for that broadband money to begin flowing to their states — may wish to think again. Why? Because without a vote on the broadband map of 2022, the National Telecommunications and Information Administration (NTIA) cannot distribute the bulk of the Broadband Equity Access and Deployment (BEAD) Program money. And while it is entirely possible that the FCC might issue the map on a 4-0 vote without controversy, I would not want to bet my state’s broadband on it given that I can’t find a single broadband report vote in the last decade that wasn’t a 3-2 party line vote. The FCC broadband map does need a majority vote of the full Commission to get issued. Nor does the relevant provision of the IIJA (Sec. 60103) require the FCC to publish the new maps by any specific deadline. It simply requires the FCC to publish the maps before NTIA distributes either the BEAD money or the Middle Mile grant money. So if the Republicans and Democrats cannot come to an agreement on the new 2022 broadband map, the broadband map does not issue in 2022. Or 2023. Or until whenever the FCC gets a third Commissioner.

[Harold Feld is senior vice president at Public Knowledge.]